San Francisco Attorney Suing Vendors in Other States for Selling Magazine Repair Kits

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According to a report by Ammoland, San Francisco City Attorney Dennis Herrera, is suing multiple vendors in other states who sell magazine repair kits to residents of California.

Herrera alleges that the magazines are a thinly veiled attempt to offer standard capacity magazines for sale in California, which bans magazines that can accept more than 10 rounds.

However, there are a few issues here. The California DOJ actually approved the kits for sale in 2005 and even issued a formal opinion on the matter.

Secondly, most people buy these kits and then convert them to 10 round capacity themselves. This allows California residents to buy magazines from manufacturers that don’t offer 10 round versions of their magazines, or whose 10 round versions are hard to find due to market demand.

Herrera’s lawsuit was investigated and filed by his office’s Consumer Protection Unit, which pursues civil actions under California’s Unfair Competition Law to protect consumers and law-abiding competing businesses from unlawful, unfair, and fraudulent business practices. The unit’s actions are funded by public funds or civil recoveries under the provisions of Proposition 64, which California voters enacted in 2004 to direct monetary penalties recovered by government prosecutors to the enforcement of consumer protection laws.

If successful, Herrera’s action could result in a court-ordered injunction to immediately prohibit further unlawful conduct by the companies, together with civil penalties of up to $2,500 for each act of unfair competition and legal costs.

The case is: People of the State of California v. 44MAG Distributing LLC et al., San Francisco Superior Court, No. CGC-13-531982, filed June 10, 2013. A PDF copy of the complaint and accompanying exhibits is available on the S.F. City Attorney’s website at http://www.sfcityattorney.org.